Terms of Service

1. Who we are and what this covers

These Terms of Service (“Terms”) are an agreement between Be Luxury Media LLC, a Florida limited liability company (“Be Luxury Media”, “we”, “us”), and the business or person who creates an account (“you”). They cover the Be Luxury Media software at beluxurymedia.com and its sub-addresses, including the client portals, booking pages, galleries, delivery pages, editors’ site and the RE-Creative Studio editor (together, the “Service”). By ticking “I agree” or using the Service you accept these Terms and our Privacy Policy. If you accept for a company, you confirm you may bind it.

2. Your account

You must be at least 18 and give accurate details. One login belongs to one person; keep your password and sign-in codes private and tell us if you think someone else used your account. You are responsible for what happens under your account and for the people you invite (team members, Managers, crews, editors, clients).

3. Free trial

A business approved while our launch offer is open gets every feature free for 30 days from the day we approve it. The end date is shown when you sign up and on your Plan page, and we email you 7 days and 1 day before it. Nothing is charged during the free trial and no card is required. When the 30 days end, your business is paused until you pick a plan — the Free plan, or a paid plan with a card on file. While paused you can still sign in, view and download everything; creating and sending waits until you pick a plan. Nothing is deleted. A paid plan is never started without your choosing it.

4. Plans, fees and your card

When billing starts, paid plans are billed monthly in advance in US dollars, plus any extra storage you add. Before your first charge you will add a card and expressly authorize us to charge it each month for your plan’s price until you cancel. Your plan renews automatically every month. We may change prices with at least 30 days’ notice by email; the new price applies from your next billing date after the notice. Prices do not include taxes; where taxes apply we add them. If a charge fails we will retry and email you; if it still fails after 14 days we may move your business to the Free plan or pause it (your data is kept). Any price we agree with you individually (a discount, friends & family rate or free months) is shown on your Plan page.

5. Cancelling and refunds

You can cancel any time; your plan runs to the end of the month you paid for and is not renewed. Except where the law requires otherwise, fees already paid are not refundable, including for partial months or unused storage. We may give a refund or a credit toward future months at our discretion, for example after an outage or a charge in error.

6. Your content and your clients

You keep all rights to everything you and your clients put into the Service — photos, videos, files, project details, client information and messages (“Your Content”). You give us permission to host, copy, process, resize, stream and display Your Content only to run the Service for you and your clients. You are responsible for having the rights to Your Content and for your relationship with your clients, including your own terms, prices, invoices and refunds to them. For your clients’ personal information you decide what is collected and why; we handle it on your behalf as described in our Privacy Policy.

7. Payments from your clients

When you connect your own card processor (such as Stripe, Square, GoDaddy Payments or Wave), your clients pay you directly through that processor under its terms. Be Luxury Media is not a party to those payments, does not hold your money and is not responsible for the processor’s fees, holds, disputes or chargebacks. Keys you give us are stored encrypted and used only to take your clients’ payments; you can disconnect them at any time.

8. Acceptable use

Don’t use the Service to break the law or anyone’s rights; to upload content you don’t have the right to share; to send spam or unwanted messages; to store malware; to try to get into other businesses’ data or our systems; to overload or disrupt the Service; or to resell it without our written agreement. We may remove content or suspend accounts that break these rules, telling you why where we reasonably can.

9. Storage, limits and fair use

Each plan has storage and other limits shown on your Plan page. If you go over a limit we will tell you and you can add storage, change plan or remove files. RAW files you keep in your own Google Drive don’t count toward your storage.

10. Third-party services

The Service works with services we don’t control, such as your card processor, Google, email and text-message providers. Your use of them is under their terms, and we aren’t responsible for them.

11. Our software

We own the Service and its software, design and brand. You get a personal, non-transferable right to use it while your account is open. Don’t copy, change or reverse-engineer it except where the law allows. If you send us ideas or feedback we may use them freely.

12. Ending your account

You can close your account at any time. We may suspend or close an account that breaks these Terms or goes unpaid, and free accounts with no sign-in for 90 days may be archived after a reminder (archived data is kept and can be reactivated). After an account is closed you can ask us within 30 days for a copy of Your Content; after that we may delete it.

13. Availability and changes to the Service

We work to keep the Service available and your data safe and backed up, but we don’t promise it will always be available or error-free. We may improve or change features; if we remove something important you rely on, we will tell you ahead of time where we reasonably can.

14. Disclaimers

Except as stated in these Terms, the Service is provided “as is” and “as available”, without warranties of any kind, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows.

15. Limitation of liability

To the fullest extent the law allows, Be Luxury Media will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim about the Service is limited to the greater of the fees you paid us in the 12 months before the claim or US $100.

16. Indemnity

You will defend and hold Be Luxury Media harmless from claims by third parties (including your clients) arising from Your Content, your services to your clients, or your breaking these Terms or the law.

17. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Florida, and both of us agree to their jurisdiction. Before filing a claim, please contact us so we can try to resolve it informally.

18. Changes to these Terms

We may update these Terms. For a material change we will tell you by email or in the Service at least 30 days before it takes effect, and ask you to agree to the new version at your next sign-in. The date at the top shows the current version.

19. Contact

Be Luxury Media LLC · robert@retakephoto.com · beluxurymedia.com